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Feminism: Sex and gender discussions

Tribunal discussion thread supporting FayeRC in case against NHS England part 2

130 replies

Jimmyneutronsforehead · 20/03/2026 23:00

Today the tribunal concluded it's oral submissions 20/03/26 for the case of Faye Russell-Caldicott v. NHSE

Gardening is still underway, please search Faye Russell-Caldicott Crowd Justice to offer seeds of support. Less than 12 days left to get to target. If you're a woman, you know a woman, and you value women, this case does affect you as we could all find ourselves in this position with our employers and we need to send a message that we won't tolerate having our rights removed. Please if you can, send some gardening funds to the CJ page to help cover the legal fees associated with this case.

This is a continuation thread from: https://www.mumsnet.com/talk/womens_rights/5504170-tribunal-discussion-thread-supporting-fayerc-in-case-against-nhs-england-starting-160326?page=1

Thank you to everybody for showing your support to the wonderful @FayeRC. ❤️

It will be approximately 1 month before there's a verdict, and a provisional date set in August for a remedial hearing should the court find in FayeRC's favour.

Tribunal discussion thread supporting FayeRC in case against NHS England starting 16/03/26 | Mumsnet

Thanks for joining in this discussion in support of {mention:FayeRC} and the case against NHSE. This is a private tribunal case, so there will be no...

https://www.mumsnet.com/talk/womens_rights/5504170-tribunal-discussion-thread-supporting-fayerc-in-case-against-nhs-england-starting-160326?page=1

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SexRealistic · 14/05/2026 12:25

Keeptoiletssafe · 14/05/2026 12:23

I’ve already suggested that….

Londonmummy66 · 18/05/2026 19:20

GenderlessVoid · 14/05/2026 08:25

I agree with this
I think they got easily to out and out Stinewall & Union engineered and org sponsored discrimination of women so fast they didn’t bother too hard addressing those points.

NHS conceded group disadvantage to women who were Muslims, but not to Muslims as a whole. FayeRC "did not provide any evidence that male Muslims (as well as female Muslims) were disadvantaged by the application of the PCPs [Provision, Criterion or Practices]." Further "[t]he claimant’s representative stated at the start of the hearing that the claimant did not wish to make a formal amendment application but clarified that her indirect discrimination complaint related to female Muslims only."

It seems like FayeRC's team believed that indirect combined discrimination was prohibited by the Equality Act. If they didn't provide evidence that Muslim men as well as Muslim women suffered indirect discrimination from NHS's PCPs, I don't understand how they could prevail on the claim that Muslim men were also discriminated against. Maybe I'm missing something.

The next person who sues for indirect discrimination as a result of religion should demonstrate that the policy harms both men and women. As you say, they might have been able to show that here. But they didn't provide any evidence so they lost.

If female Muslims are excluded from a trans inclusive female space because their religion bans them from undressing in front of men does the converse not apply - I can't see any of the Muslim me I know being prepared to undress in front of women?

GenderlessVoid · 18/05/2026 19:48

Londonmummy66 · 18/05/2026 19:20

If female Muslims are excluded from a trans inclusive female space because their religion bans them from undressing in front of men does the converse not apply - I can't see any of the Muslim me I know being prepared to undress in front of women?

As I said in the post you quoted, it seems that FayeRC's team didn't provide evidence that showed harm to Muslim men. As claimants, they have the burden of proving that Muslim men were injured.

BrownBookshelf · 18/05/2026 20:02

Yeah, I don't think it would preclude a Muslim/other faith man from making that case and providing such evidence. It's just Faye had no evidence that had happened on this occasion, and perhaps it didn't.

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